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H1 layoff + AOS + EAD ??

H1 layoff + AOS + EAD ??

Old Feb 20th 2002, 9:14 pm
  #1  
Just Joined
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Joined: Feb 2002
Posts: 2
gc_aspirant++ is an unknown quantity at this point
Default H1 layoff + AOS + EAD ??

Hi,

Here is my story.

Facts :
-Applied for AOS in Oct 01.
-Laidoff in Nov 01.
-Started H1 transfer with a consulting company (without any project) in Dec 01 but haven't received the approval yet.
-Got EAD in Jan 02.
-Finger Printing in Feb 02.

Questions :
How long does it take after EAD/Fingerprinting for approval or RFE/query...( Its VSC ).
Is it a good idea to use EAD as its been less than 180 days since AOS filing.
Does the current H1 transfer going on effect AOS application ?
If I use EAD for a new job, what happens to the H1 visa, is it still valid ?
If my GC application is denied, do I have to get out of US, how long do I have for that ? Any period ?
Or can I use the transferred H1 visa ?? Or file a new one if possible ?

Any response will be appreciated ! Thanks a lot !
gc_aspirant++ is offline  
Old Feb 21st 2002, 9:26 am
  #2  
Ingo Pakleppa
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Posts: n/a
Default Re: H1 layoff + AOS + EAD ??

According to the letter of the law, you should be able to use the EAD as long as the
AOS takes more than six months - but you are taking a risk because INS may take a
different interpretation. The problem isn't whether or not you use your EAD, but
rather that your old job didn't even last for six months from the date of filing.

Ingo

On 20 Feb 2002 16:42:39 -0600, gc_aspirant++ <[email protected]> wrote:

    >Hi,
    >
    >Here is my story.
    >
    >Facts : -Applied for AOS in Oct 01. -Laidoff in Nov 01. -Started H1 transfer with a
    >consulting company (without any project) in Dec 01 but haven't received the approval
    >yet. -Got EAD in Jan 02. -Finger Printing in Feb 02.
    >
    >Questions : How long does it take after EAD/Fingerprinting for approval or
    >RFE/query...( Its VSC ). Is it a good idea to use EAD as its been less than 180 days
    >since AOS filing. Does the current H1 transfer going on effect AOS application ? If
    >I use EAD for a new job, what happens to the H1 visa, is it still valid ? If my GC
    >application is denied, do I have to get out of US, how long do I have for that ? Any
    >period ? Or can I use the transferred H1 visa ?? Or file a new one if possible ?
    >
    >Any response will be appreciated ! Thanks a lot !
    >
    >
    >
    >--
    >Posted via http://britishexpats.com

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com/pederson/visa.htm (dual citizenship info)
http://www.srs-usvisa.com http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/
(marriage and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 

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